Gender and the Homoerotic Logic of Torture at Abu Ghraib
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United States Army Court of Criminal Appeals
UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before TOZZI, COOK, and MAGGS1 Appellate Military Judges UNITED STATES, Appellee v. Private First Class LYNNDIE R. ENGLAND United States Army, Appellant ARMY 20051170 Headquarters, III Corps and Fort Hood James Pohl, Military Judge Colonel Clyde J. Tate, II, Staff Judge Advocate (pretrial) Colonel Mark Cremin, Staff Judge Advocate (post-trial) For Appellant: Major Timothy W. Thomas, JA (argued); Colonel Christopher J. O’Brien, JA; Captain Frank B. Ulmer, JA (on brief). For Appellee: Captain Nicole L. Fish, JA (argued); Colonel Denise R. Lind, JA; Lieutenant Colonel Mark H. Sydenham, JA; Major Christopher B. Burgess, JA; Captain Nicole L. Fish, JA (on brief). 10 September 2009 ---------------------------------- MEMORANDUM OPINION ---------------------------------- This opinion is issued as an unpublished opinion and, as such, does not serve as precedent. TOZZI, Senior Judge: An officer panel sitting as a general court-martial convicted appellant, contrary to her pleas, of one specification of conspiracy to commit maltreatment, four specifications of maltreatment, and one specification of indecent acts with another, in violation of Articles 81, 93, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 881, 893, and 934 [hereinafter UCMJ]. The convening authority approved the adjudged sentence of a dishonorable discharge, three years confinement, and reduction to Private E1. The convening authority also waived 1 Judge MAGGS took final action in this case while on active duty. ENGLAND – ARMY 20051170 automatic forfeitures and credited appellant with ten days of confinement credit against the approved sentence to confinement. On appeal, appellant claims, inter alia, that (1) the military judge abused his discretion when he rejected her guilty plea; (2) appellant’s trial defense counsel were ineffective for calling Private (PVT) Charles Graner as a presentencing witness, in the alternative; and (3) information about an Article 15, UCMJ, was erroneously included in the staff judge advocate’s recommendation (SJAR). -
Girls and Violence: the Case for a Feminist Theory of Female Violence
www.crimejusticejournal.com IJCJ 2013 2(2): 63‐79 ISSN 2202–8005 Girls and Violence: The Case for a Feminist Theory of Female Violence Kerry Carrington Queensland University of Technology, Brisbane Abstract Rises recorded for girls’ violence in countries like Australia, Canada, United Kingdom and United States have been hotly contested. One view is these rising rates of violence are an artefact of new forms of policy, policing, criminalisation and social control over young women. Another view is that young women may indeed have become more violent as they have increasingly participated in youth subcultural activities involving gangs and drugs, and cyber‐cultural activities that incite and reward girls’ violence. Any comprehensive explanation will need to address how a complex interplay of cultural, social, behavioural, and policy responses contribute to these rises. This article argues that there is no singular cause, explanation or theory that accounts for the rises in adolescent female violence, and that many of the simple explanations circulating in popular culture are driven by an anti‐feminist ideology. By concentrating on females as victims of violence and very rarely as perpetrators, feminist criminology has for the most part ducked the thorny issue of female violence, leaving a discursive space for anti‐feminist sentiment to reign. The article concludes by arguing the case for developing a feminist theory of female violence. Keywords Female delinquency, feminist criminology, female violence, narrowing gender gap. Global rises in female violence While males still dominate crime statistics as offenders and prisoners, a body of international and national trend data points to a consistent narrowing of the gender gap for officially reported crime and violence in countries like the United States (US), Canada, the United Kingdom (UK) and Australia. -
The Abu Ghraib Convictions: a Miscarriage of Justice
Buffalo Public Interest Law Journal Volume 32 Article 4 9-1-2013 The Abu Ghraib Convictions: A Miscarriage of Justice Robert Bejesky Follow this and additional works at: https://digitalcommons.law.buffalo.edu/bpilj Part of the Human Rights Law Commons, and the Military, War, and Peace Commons Recommended Citation Robert Bejesky, The Abu Ghraib Convictions: A Miscarriage of Justice, 32 Buff. Envtl. L.J. 103 (2013). Available at: https://digitalcommons.law.buffalo.edu/bpilj/vol32/iss1/4 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Public Interest Law Journal by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. THE ABU GHRAIB CONVICTIONS: A MISCARRIAGE OF JUSTICE ROBERT BEJESKYt I. INTRODUCTION ..................... ..... 104 II. IRAQI DETENTIONS ...............................107 A. Dragnet Detentions During the Invasion and Occupation of Iraq.........................107 B. Legal Authority to Detain .............. ..... 111 C. The Abuse at Abu Ghraib .................... 116 D. Chain of Command at Abu Ghraib ..... ........ 119 III. BASIS FOR CRIMINAL CULPABILITY ..... ..... 138 A. Chain of Command ....................... 138 B. Systemic Influences ....................... 140 C. Reduced Rights of Military Personnel and Obedience to Authority ................ ..... 143 D. Interrogator Directives ................ .... -
The Future of ISIS
Analysis This article examines hypotheses regarding the fate of ISIS, based The Future of ISIS: Strengths on studying and analyzing the conditions, mechanisms, and general features that characterized the organization and Weaknesses during the preceding period. This may help frame the discussion of future scenarios and the main Dynamics of the “Virtual variables of each of them. Caliphate” and the Gap in Neither international and regional policies, nor Arab Counterterrorism Strategies regimes, learned the lesson. They did not seek out the actual and objective causes and circumstances behind the rise of ISIS. The thinking of Dr. Muhammad Abu Rumman counterterrorism strategies and November 2020 policies was only to achieve military victories and security work both on the ground and virtually. 1 The Future of ISIS: Strengths and Weaknesses Dynamics of the “Virtual Caliphate” and the Gap in Counterterrorism Strategies Dr. Muhammad Abu Rumman November 2020 3 Abu Rumman, Muhammad “The Future of ISIS: Strengths and Weaknesses ... Dynamics of the “Virtual Caliphate” and the Gap in Counterterrorism Strategies” - Amman: Friedrich Ebert Foundation, 2020 Published in 2020 by Friedrich-Ebert-Stiftung, Jordan & Iraq FES Jordan & Iraq P.O. Box 941876 Amman 11194 Jordan Email: [email protected] Website: www.fes-jordan.org Not for Sale © Friedrich-Ebert-Stiftung All rights reserved. No part of this publication may be reprinted, reproduced or utilized in any form or by any means without prior written permission from the publishers. The views and opinions expressed in this publication are solely those of the original author. They do not necessarily represent those of the Friedrich-Ebert-Stiftung or the editor. -
A Rhetorical Analysis of the Abu Ghraib Prisoner Abuse Scandal Elizabeth Jane Durham Smith Wayne State University
Wayne State University DigitalCommons@WayneState Wayne State University Dissertations 1-1-2010 The nI tersection Of Image, Rhetoric, And Witnessing: A Rhetorical Analysis Of The Abu Ghraib Prisoner Abuse Scandal Elizabeth Jane Durham Smith Wayne State University, Follow this and additional works at: http://digitalcommons.wayne.edu/oa_dissertations Recommended Citation Durham Smith, Elizabeth Jane, "The nI tersection Of Image, Rhetoric, And Witnessing: A Rhetorical Analysis Of The Abu Ghraib Prisoner Abuse Scandal" (2010). Wayne State University Dissertations. Paper 85. This Open Access Dissertation is brought to you for free and open access by DigitalCommons@WayneState. It has been accepted for inclusion in Wayne State University Dissertations by an authorized administrator of DigitalCommons@WayneState. THE INTERSECTION OF IMAGE, RHETORIC AND WITNESSING: A RHETORICAL ANALYSIS OF THE ABU GHRAIB PRISONER ABUSE SCANDAL by ELIZABETH J. DURHAM SMITH DISSERTATION Submitted to the Graduate School of Wayne State University, Detroit, Michigan in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPY 2010 MAJOR: COMMUNICATION Approved by: ________________________________________ Advisor Date ________________________________________ ________________________________________ ________________________________________ ________________________________________ © COPYRIGHT BY ELIZABETH J. DURHAM SMITH 2010 All Rights Reserved DEDICATION Had it not been for these individuals, this journey would never have been undertaken or seen through -
T-Martial Record
T-MARTIAL RECORD: NAME RED6Rtc.K,LVAni L. ) 1l SSG SSN. ACTIONS CODED: ASSIGNED O: INITIAL PANEL `sr ACCA.. EXAM. DIV. FINAL COMPANION(S): RETURNTHIS.FILE TO: OFFICE OF THE CLERK OF COURT US. ARMY . JU_D1:CIrAR.Y 901 NORTH. STUART STREET" SU ITE -1200 ARLINGTON, VA. 222034 837 VOL OF VOL(S) ND 2 0 0 4 1 1 2 9 ARMY JALS-CC FORM 24, tOCTOBER 2000 . 018660 ACLU-RDI 1755 p.1 DOD-041839 VOL *Ek of VII ORIGINAL COPY VERBATIM' RECORD OF TRIAL2 (and accompanying papers) OF 64)2)424) -21- FREDERICK, Ivan L., II 111111111110 Staff Sergeant (NAME: Last, First Middle Initial) (Social Security Number) (Rank) HHC, 16th MP Bde (ABN) III Corps US Army Victory Base, Iraq (unit/Command Name) (Branch of Service) (Station or Ship) BY GENERAL COURT-MARTIAL CONVENED BY COMMANDING GENERAL (Title of Convening Authority) Headquarters, III Corps (Unit/Command of Convening Authority) TRIED AT Baghdad and Victory Base, Iraq ON 19 May, 21-22 Jun; 24 Aug; 20-21 Oct 04 (Place or Places of Trial) (Date or Dates of Trial) COMPANION CASES: SPC AMBUHL, Megan M., SGT DAVIS, Javal S., SPC GRANER, Charles A., Jr., c6A z, f 2 SPC HARMAN, Sabrina D., SPC SIVITS, Jeremy C., SPC CRUZ, Arman J., PFC ENGLAND, Lynndie R., f Transcript R.490 through prosecutionexh ribits cp o I Insert "verbatim" or summarized" as appropriate. (This form will be used by the Army and Navy for verbatim records of trial only.) 2 See inside back cover for instructions as to preparation and arrangement. -
A Decade After Abu Ghraib: Lessons in Softening up the Enemy and Sex-Based Humiliation
Minnesota Journal of Law & Inequality Volume 31 Issue 1 Article 1 June 2013 A Decade after Abu Ghraib: Lessons in Softening Up the Enemy and Sex-Based Humiliation Johanna Bond Follow this and additional works at: https://lawandinequality.org/ Recommended Citation Johanna Bond, A Decade after Abu Ghraib: Lessons in Softening Up the Enemy and Sex-Based Humiliation, 31(1) LAW & INEQ. 1 (2013). Available at: https://scholarship.law.umn.edu/lawineq/vol31/iss1/1 Minnesota Journal of Law & Inequality is published by the University of Minnesota Libraries Publishing. 1 A Decade After Abu Ghraib: Lessons In "Softening Up" The Enemy and Sex-Based Humiliation Johanna Bondi Introduction In April 2004, many in the United States and around the world watched with horror as the now-infamous photographs of torture and abuse at Abu Ghraib Prison emerged. The photos depicted images of U.S. soldiers engaged in torture and cruel, inhuman, and degrading treatment.! Among other things, the photos documented the sexual abuse and humiliation of Iraqi detainees in the prison.' The photographs depict naked detainees, some of whom were forced to engage in sex acts or simulated sex acts.3 Sworn statements of the detainees at Abu Ghraib reveal a pattern of abuse and degradation, including "details of how they were sexually humiliated and assaulted, threatened with rape, t. Johanna Bond, Associate Dean for Academic Affairs and Associate Professor of Law, Washington & Lee University School of Law. 1. Joshua L. Dratel, The Legal Narrative,in THE TORTURE PAPERS: THE ROAD To ABU GHRAIB xxi (Karen J. Greenberg & Joshua L. -
War on Terrorism
1 The U.S. War on Terror Alex Danchev ‘America is at war,’ reminded the President recently, when the latest plot against America was revealed. This state of war is codified in ‘The National Security Strategy of the United States’, issued from the White House, not to mention ‘The National Defense Strategy of the United States’, issued from the Pentagon.1 George W. Bush is the self-styled war president and self-willed commander-in-chief. As those who have hitched themselves to his chariot have discovered (‘Yo Blair’), what he says goes. ‘I’m the commander, see, I don’t need to explain – I do not need to explain why I say things. That’s the interesting thing about being the president.’2 In an era when wars are commonly supposed to be undeclared – when war itself is a word that dare not speak its name – the ‘global war on terror’ suffers if anything from a surfeit of declaration. The GWOT is among other things a war of words, and acronyms, a war of characterization and mischaracterization. Some of these words are new (‘PUC’),3 or combined in gruesome neologism (‘extraordinary rendition’); some are shop-soiled (‘values’); some are deliberately anodyne (‘detainee’); some are hyperbolic, yet curiously reversible (‘civilization’, ‘barbarian’); some are almost unpronounceable (‘torture’). The National Security Strategy characterizes it as both a war of arms and a war of ideas.4 That appears to be a serviceable enough distinction, as far as it goes, but it has the effect of underwriting a propensity to elevate the former and relegate the latter, at least when it comes to priorities for action and resource allocation. -
ABU GHRAIB and the COMMEMORATIVE VIOLENCE of WAR TROPHY PHOTOGRAPHY by Joey Brooke Jakob Master of Arts, University of Manitob
ABU GHRAIB AND THE COMMEMORATIVE VIOLENCE OF WAR TROPHY PHOTOGRAPHY by Joey Brooke Jakob Master of Arts, University of Manitoba, Manitoba, Canada, 2008 Bachelor of Arts, University of Winnipeg, Winnipeg, Canada, 2004 A Dissertation presented to Ryerson University and York University in partial fulfilment of the requirements for the degree of Doctor of Philosophy in the joint program in Communication and Culture Toronto, Ontario, Canada, 2017 ©Joey Brooke Jakob 2017 AUTHOR’S DECLARATION AUTHOR'S DECLARATION FOR ELECTRONIC SUBMISSION OF A DISSERTATION I hereby declare that I am the sole author of this dissertation. This is a true copy of the dissertation, including any required final revisions, as accepted by my examiners. I authorize Ryerson University to lend this dissertation to other institutions or individuals for the purpose of scholarly research. I further authorize Ryerson University to reproduce this dissertation by photocopying or by other means, in total or in part, at the request of other institutions or individuals for the purpose of scholarly research. I understand that my dissertation may be made electronically available to the public. ii ABSTRACT ABU GHRAIB AND THE COMMEMORATIVE VIOLENCE OF WAR TROPHY PHOTOGRAPHY Joey Brooke Jakob Doctor of Philosophy Communication and Culture Ryerson University and York University, 2017 The photographs from the Abu Ghraib scandal are horrific, but they are also understandable. Simply put, the Abu Ghraib photos are purposeful compositions that highlight victory over the enemy Other in war. The photos illustrate sexual and racial violence, founded upon postcolonial narratives, but this is only a starting point for their significance. I address how meaning is made for the U.S. -
The Fundamental Paradoxes of Modern Warfare in Al Maqaleh V
PAINTING OURSELVES INTO A CORNER: THE FUNDAMENTAL PARADOXES OF MODERN WARFARE IN AL MAQALEH V. GATES Ashley C. Nikkel* See how few of the cases of the suspension of the habeas corpus law, have been worthy of that suspension. They have been either real treason, wherein the parties might as well have been charged at once, or sham plots, where it was shameful they should ever have been suspected. Yet for the few cases wherein the suspension of the habeas corpus has done real good, that operation is now become habitual and the minds of the nation almost prepared to live under its constant suspension.1 INTRODUCTION On a cold December morning in 2002, United States military personnel entered a small wire cell at Bagram Airfield, in the Parwan province of Afghan- istan. There, they found Dilawar, a 20-year-old Afghan taxi driver, hanging naked and dead from the ceiling.2 The air force medical examiner who per- formed Dilawar’s autopsy reported his legs had been beaten so many times the tissue was “falling apart” and “had basically been pulpified.”3 The medical examiner ruled his death a homicide, the result of an interrogation lasting four days as Dilawar stood naked, his arms shackled over his head while U.S. inter- rogators performed the “common peroneal strike,” a debilitating blow to the side of the leg above the knee.4 The U.S. military detained Dilawar because he * J.D. Candidate, 2012, William S. Boyd School of Law, Las Vegas; B.A., 2009, University of Nevada, Reno. The Author would like to thank Professor Christopher L. -
The Abu Ghraib Scandal: Visual Performances of American Power
THE ABU GHRAIB SCANDAL: VISUAL PERFORMANCES OF AMERICAN POWER by CARISSA CHAN B.A., University of Alberta, 2001 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS in THE FACULTY OF GRADUATE STUDIES (Sociology) THE UNIVERSITY OF BRITISH COLUMBIA July 2006 © Carissa Chan, 2006 ABSTRACT On April 28, 2004, disturbing photographs capturing the abuse of Iraqi prisoners by American soldiers were aired on the CBS news program "60 Minutes II" (Levi Strauss, 2004: 87). The photographs depicted events that took place in October 2003 at the Abu Ghraib prison outside of Baghdad, Iraq. The presentation and preservation of the acts on fdm served as a "public ritual of mortification and a visual marker of humiliation" (Giroux, 2004: 790) of the detainees by the American military. This analysis supplements the wealth of information on the transmission of ideologies through discourse with a focus on visual representation, specifically with regards to the Abu Ghraib scandal, but also in the broader context of the war on Iraq. The American state, military and media were complicit in the production and circulation of the myth of freedom and democracy in order to garner and preserve public support for the war. I explore how the ideological justifications leading up to the war were depicted through particular details in the photos and how these became subject to later debate and discussion in the aftermath of world-wide circulation. According to court testimonies of the soldiers, the images were circulated around the Abu Ghraib prison to function as sources of psychological humiliation and intimidation. -
The Torture Memos: the Conflict Between a Shift in U.S
Hofstra Law Review Volume 33 | Issue 3 Article 6 2005 The orT ture Memos: The onflicC t Between a Shift in U.S. Policy Towards a Condemnation of Human Rights and International Prohibitions Against the Use of Torture Jonathan Canfield Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation Canfield, Jonathan (2005) "The orT ture Memos: The onflC ict Between a Shift in .SU . Policy Towards a Condemnation of Human Rights and International Prohibitions Against the Use of Torture," Hofstra Law Review: Vol. 33: Iss. 3, Article 6. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol33/iss3/6 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Canfield: The Torture Memos: The Conflict Between a Shift in U.S. Policy To NOTE THE TORTURE MEMOS: THE CONFLICT BETWEEN A SHIFT IN U.S. POLICY TOWARDS A CONDEMNATION OF HUMAN RIGHTS AND INTERNATIONAL PROHIBITIONS AGAINST THE USE OF TORTURE [In the United States, the use of torture] is categorically denounced as a matter ofpolicy and as a tool of state authority.... No official of the government,federal, state or local, civilian or military, is authorized to commit or to instruct anyone else to commit torture. Nor may any official condone or tolerate torture in any form.... No exceptional circumstances may be invoked as a justification of torture.